Can you tell me what do i have to do for WOM. Do i have to hire a attorney or i can do myself?

When GCSOON-Ihope becomes GC-IgotIt!

Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07. What did I feel then? Really indescribable�Happy? It goes way beyond that. I feel more relieved than anything else, like if I had a ton of lead off my shoulders� May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress. As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through. So, please, enjoy the holidays: as long as there is life, there is hope. I know something about it:

Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT). Find dream job in dream company. Hired directly by CEO himself. Company loves me and applies right away for H1 and then Labor Cert. Life is beautiful. The start of the American Dream. Not for long. Attorney has been working for company for years. Always successfully. Picks me for his first failure: screws up completely. H1 denied. Labor Cert denied. Company gets mad: attorney is fired. OPT runs out: company still loves me but�I am now out of status and�fired too. Welcome to America. Life has turned dark. The start of my American Nightmare.

I am disgusted. Decide to go back to my home country (France). I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings). H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again. Not for long. Exactly 2 hours (no kidding). Find out that company is a sweat-shop and boss is a crook. Pays me half (yes, half) what he was supposed to. Go to INS to complain: �If you are not happy, go back to your home country�. I swear that it is exactly what I am told. Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.

I am broke. Can�t even go back �home� and anyway I don�t want to. Not with just my tail between my legs for the second time. Home is here. I want my American Dream and I will get it, no matter what. Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving. Employer wants to fire me: �you are always complaining about the money�. I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�). Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else. For sure, I will be out of there within a couple months at the most. Don�t know yet that this nightmare will last�2 years. Still can�t believe it. Had I known, I would have fled the first day, no matter what. In my specialty, jobs are not easy to find. Not to mention that this time, I have to be very �choosy�� Companies that I approach: a) don�t want to hear about immigration or b) don�t want to pay attorney fees or c) don�t want to pay at least prevailing wage or d) all of the above All doors seem to be closed. I have never felt that bad in my life: go see the doctor. �You have all the symptoms of someone who is having�a nervous depression. Do you want me to refer you to a good psy who could help you?� No, thanks. I know why I am sick.

Finally find new company that loves me: apply for new H1 and they pay all fees. H1 approved. This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight. Job is nice, company is nice. Recovering from depression. Boss loves me: decides to start for me RIR Labor in�.May 2001. Yes, one month after that damn month of April 2001. You know what I mean. Six months of advertising. PD is January 2002. Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004. Get EAD. FP in September 2004.

Things change: company is now going down. Boss still loves me but�lays me off. (Re)(Re) Start of my American Nightmare? Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�. This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK. Later, previous company nicely recovers: got rehired! Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track. Do Medical in April 2005. I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about. October is around the corner and new numbers will be available, right? Just a few more months and I will have my GC. Wrong.

October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002). I swear that I almost s..t in my pants. When is too much�just too much? How much more frustration and anguish can I endure? More, much more. By rage and stress, I pack up an extra 20 lbs in just a few months. Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight. Second EAD. FP again in October 2005. Life is paced by visa bulletins� September 2006 bulletin comes out: EB3 World has now passed my PD. I am holding my breath again. Rightly so, for the umpteenth time. Third EAD.

Wait 2 weeks and start inquiring about the status of my application. Call so-called �Customer service�: as usual they know jack s..t. �Your application is still pending�. Thanks, I already knew that. Make Infopass appointment at Los Angeles downtown office. �Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office. Contact them at: CSC-XII@dhs.gov�

E-mail #1 on 09/18: (�) Status of my case? (�) Response on 09/27: �the I-485 at question is still pending FBI name check clearance. Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.

E-mail #2 on 09/27: (�) When was that initiated? (�) Response on 10/02: (�) On or about 08/19/2004. (�)

This time, I surprise myself: I am one more time devastated but remain strangely calm. Even laugh about it. Nervously. Too much is just too much. I had heard about that Name Check aberration before but had ignored it. Like most people involved in that GC mess, I refused to worry in advance. One bridge to cross at the time, please. Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT! I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�. WOM is filed on November 1st. (I requested FOIPA and contacted Senators, President, Vice-President etc, etc� only later just in case we would have needed more ammunitions).

After that, things go fast: 11/ 29: without any warning (!), LUD: �Your card has been ordered�. 12/01: confirmation from the Assistant US Attorney that my case has been approved. 12/04 LUD: �Your case has been approved�. (So, they notify you that the card has been ordered�before notifying that the case has been approved�). 12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint. 12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).

What a timing! Could I dream of a better Christmas Gift? Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist? :) ;) :) ;) :) ;) :) ;) :)

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arnab221

11-06 12:51 PM

Looks like he has realized that he has been sidelined and did not really get any support for his actions( $ 3500 ) in the press or the media , so now this guy this does this about face and tries to be " so sympathetic" . Looks like the tech lobby stopped the flow of his campaign money and ALIPAC's and the 1500 member programmers guild's coffers are not enough to fund his campaign . :D

He is partially right in saying that there is some fraud in the system , but why have we got to increase the "Tution Fee" by $ 3500 to fight fraud . :mad:As if the students in the US do ot have enough scholarships already . Are they not ripping us enough already on visa and green card costs . We also pay Social security taxes which must technically be returned to people who will never enjoy them .

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niklshah

01-06 11:09 AM

I posted this question at Change.gov. It has 301 votes now ...please vote for it and have others do it as well.

Current US Immigration laws create, long delays for LEGAL, highly skilled immigrants, in getting their permanent residency. These immigrants pay their dues. When you'll address their concerns or you'lll continue to punish them for following law?"

can you provide link to your question so people can vote..it is difficult to find question on the website. thanks

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ilikekilo

04-03 08:19 PM

So far what I have seen from various forums, looks like its a standard RFE for most of the cases. Asking for updated G-325A(Its an updated form little different than what we submitted during july 2007) and EVL.

Just submitted my evidences today to USCIS to the RFE I received on March 19th. Hopefully it may mean that all other evidences are fine...like BC, MC and Medicals....

hey appreciate your info thanks and I will post what I my RFE is all about...

Chill out yaar! Nothing will happen. In this CIRcus everyone joker is trying to impress people. So each one comes up with new new "idea"s. They better goto the show "Big Idea with Donny Deustch" and share their stories.

We'll see where it goes. You know whats going on for 2 years. It is just a timepass for these lawjokers.

Since Visa numbers trickle down, the more visa numbers there are available, the more will trickle down to countries with high demand... recapturing visa numbers might be easier than taking a poke at per country limit.. IMHO...

Recapturing lost numbers is not a permanent solution. Per country limit 7% is ridiculous. We need to make sure we are not discriminated against by the per country limit. Its not my fault that someone from Europe doesnt want to come here and not so many from Africa or south america qualify for the EB visas.

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cpolisetti

04-07 05:57 PM

Will contribute more soon. What we contributing is nothing when compare to what you IV guys are doing and aiming for. Thanks from bottom of our heart for your efforts.

Will encourage my friends to do the same.

Note to IV Members: See if you can update donation amounts everyday, this might motivate few to donate more.

You are saying new OBAMA govt. in many of your postings. Are you his election agent?. This forum is not for any party affiliations. Election is yet to start. Democratic party is not officially announced their candidate. All powerful President Bush is tried hard to help immigrants. Then how come a weak person who is still fighting for a ticket can take left and right congress and senete veterans.!!!!!!

What are you talking? which part of the world do you belong? Obama is the democratic candidat for 2008 Presidential Elections Its conformed.He is not still fighting and also he how can you justify that he is a weak person? do you know he was no where in the picture and no one expected he will won the nomination when the Democratic Primary was begun..now he is the democratic PRESIDENTIAL NOMINEE..by now you should have undestand how powerful he is.

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sparuthi

09-17 01:48 PM

I am not seeing any movement in the video. I can just see the American Eagle on the screen? any idea whats going on.. ? ??

Got Green cards and Welcome notices for me and my wife . Surprisingly no uscis e-mail and online status is still "initial review"

Our journey in short :

How long in US : 10+ years

First Labor in 2002 . Changed job in three years before approval of labor Second Labor in 2004 . Approved in 2007 Filed I140 and 485 - in July 2007

Since then I was enjoying EAD / AP with no complain .

I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work . From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came . My Lawyer told me that I can port to EB2 and it is a normal a process.

1. New Perm Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )

Not sure about the USCIS and Lawyer fees . My company paid for every thing. Hope every one get the desired freedom asap and don't have to wait like me for 10+ years

Wish you all the best ......to everyone who is waiting for GC.

Thanks, Jimytomy

Congrats!!!. Mine was approved in similar fashion as well last September without any interfiling letter (EB-2 I-140 and 485 approved concurrently at TSC, New employer EB-2). Enjoy the freedom.

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guchi472000

03-13 03:30 PM

Thank you for posting.... But how did you find this link?

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GC08

02-04 05:23 PM

I suppose it is a good thing to stop this practice, which seems to be abused a lot. Hopefully, it will put everything in order and people will be treated fairly. :D

virtual55

05-17 11:57 AM

Guys Please contribute money

roseball

03-29 10:34 AM

@hpandey thanks for standing by me, and more so i will not bow down even if INS were tracking me down , what have i got to lose, its the time for the consultants to lose his business and his money, and i will not stop here as i said , i will make sure google search on him always opens the blacklist page before his company website.

@fide-champ i have tried options that could be open to me till the brink and believe u me if they were there i would be the first to grab it, i have tried attorneys, i have tried references, i have tried many options , given 15 interviews of companies and sat on that interview table from 9 to 5:30 PM , but only after realizing that it wasnt going anywhere and i had blown my dough i realized , its better that i leave.

@Robert Kumar yeah ofcourse, even if they were to what could possibly go wrong more than what it is right now, not afraid buddy not at all

If a company is willing to hire you for an available position, they can still hire you and file a I-129 with consular processing option, just like your current H1. Once thats approved, you will have to appear for a VISA interview again in your home country (at the consulate mentioned on your application). Whether you will be given a VISA or not will depend on the documentary evidence submitted and your H1 history. Be prepared to answer questions regarding your current H1 saga which will definitely raise some flags on your current company at the Consular post as well but unfortunately could have negative impact on all current genuine employees at the company, if your current employer is found guilty. You can claim ignorance, but there is a chance that you could be banned as well for VISA fraud (paying for H1).